The five people on trial — Ncube, Bongani Ntanzi, Mthokozisi Maphisa, Muzikawukhulelwa Sibiya and Fisokuhle Ntuli — have pleaded not guilty to charges of premeditated murder, attempted murder, armed robbery, illegal possession of a firearm and the illegal possession of ammunition. (Gallo Images/OJ Koloti)
Defence advocate Zandile Mshololo on Monday argued that the Senzo Meyiwa crime scene had been tampered with when it was cleaned, including stashing away “a lot of empty beer bottles”.
Mshololo said in the Pretoria high court that Maggie Phiri, the person who allegedly tampered with the crime scene by cleaning it, was the seventh suspect in a separate case docket that was opened in 2019 for Meyiwa’s murder.
Phiri’s alleged criminal conduct was first mentioned last week by advocate Dan Teffo, who is representing Muzikawukhulelwa Sibiya, Bongani Ntanzi, Mthobisi Ncube and Mthokoziseni Maphisa.
Reading from a document drafted by the National Prosecuting Authority, Teffo said Phiri should have been prosecuted alongside singer Kelly Khumalo, who was Meyiwa’s girlfriend at the time of his murder, her mother Gladness Khumalo, her sister Zandi Khumalo, Longwe Twala, the son of renowned record producer Sello “Chicco” Twala, as well as two of the slain footballer’s friends, Mthokozisi Thwala and Tumelo Madlala.
On Monday, Mshololo read out three statements from witnesses she said she would not name to protect their identities. The three affidavits allege that Phiri, a neighbour of the Khumalos in Vosloorus, Gauteng, had cleaned the crime scene so that the police would not see that the people who were present when Meyiwa was killed had been drinking.
Meyiwa was shot in the Khumalo family home on 26 October 2014 in what the state says was a robbery that went awry.
Mshololo was speaking during her cross-examination of Sergeant Thabo Mosia, a police forensic officer who attended the scene and is the state’s first witness.
Mshololo, who represents Fisokuhle Ntuli, the trial’s fifth accused, read out an affidavit from a witness who stated that when they entered the house “I saw a lot of beer bottles in the passage. I didn’t see anything else except the empty beer bottles.”
The statement added: “Maggie Phiri suggested to us that we should clean the house before the police arrive.”
Mshololo, reading from the statement, said the witness and her mother ignored Phiri, who allegedly continued to clean the house. Mshololo used this statement to argue that the crime scene was contaminated.
“The house was cleaned. In other words, the house crime scene was tampered with before you arrived,” Mshololo posed to Mosia, to which he responded, “I hear that.”
“In that process of cleaning the house, we don’t know what was removed or planted?” Mshololo asked.
Mosia responded: “I understand that.”
The five accused — who face charges of premeditated murder, attempted murder, armed robbery, illegal possession of a firearm and the illegal possession of ammunition, to which they have pleaded not guilty — are remanded in custody and are expected back in court on Tuesday.
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